I am not going to entertain you with any sentimental lamentations for this scoundrel’s fate, or to declare my belief in his innocence, as Monsieur de Balzac has done. As far as moral conviction can go, the man’s guilt is pretty clearly brought home to him. But any man who has read the ‘Causes Célèbres,’ knows that men have been convicted and executed upon evidence ten times more powerful than that which was brought against Peytel. His own account of his horrible case may be true; there is nothing adduced in the evidence which is strong enough to overthrow it. It is a serious privilege, God knows, that society takes upon itself, at any time, to deprive one of God’s creatures of existence. But when the slightest doubt remains, what a tremendous risk does it incur! In England, thank Heaven, the law is more wise and more merciful: an English jury would never have taken a man’s blood upon such testimony; an English judge and Crown advocate would never have acted as these Frenchmen have done: the latter inflaming the public mind by exaggerated appeals to their passions; the former seeking, in every way, to draw confessions from the prisoner, to perplex and confound him, to do away, by fierce cross-questioning and bitter remarks from the bench, with any effect that his testimony might have on the jury. I don’t mean to say that judges and lawyers have been more violent and inquisitorial against the unhappy Peytel than against any one else; it is the fashion of the country; a man is guilty until he proves himself to be innocent; and to batter down his defence, if he have any, there are the lawyers, with all their horrible ingenuity, and their captivating passionate eloquence. It is hard thus to set the skilful and tried champions of the law against men unused to this kind of combat; nay, give a man all the legal aid that he can purchase or procure, still, by this plan, you take him at a cruel unmanly disadvantage; he has to fight against the law, clogged with the dreadful weight of his presupposed guilt. Thank God that, in England, things are not managed so!
However, I am not about to entertain you with ignorant disquisitions about the law. Peytel’s case may, nevertheless, interest you, for the tale is a very stirring and mysterious one; and you may see how easy a thing it is for a man’s life to be talked away in France, if ever he should happen to fall under the suspicion of a crime. The French ‘acte d’accusation’ begins in the following manner:—
‘Of all the events which in these latter times have afflicted the department of the Ain, there is none which has caused a more profound and lively sensation than the tragical death of the lady, Félicité Alcazar, wife of Sebastian Benedict Peytel, notary, at Belley. At the end of October 1838, Madame Peytel quitted that town, with her husband, and their servant Louis Rey, in order to pass a few days at Mâcon; at midnight, the inhabitants of Belley were suddenly awakened by the arrival of Monsieur Peytel, by his cries, and by the signs which he exhibited of the most lively agitation: he implored the succours of all the physicians in the town; knocked violently at their doors; rung at the bells of their houses with a sort of frenzy, and announced that his wife, stretched out, and dying, in his carriage, had just been shot, on the Lyons road, by his domestic, whose life Peytel himself had taken.
‘At this recital a number of persons assembled, and what a spectacle was presented to their eyes!
‘A young woman lay at the bottom of a carriage, deprived of life; her whole body was wet, and seemed as if it had just been plunged into the water. She appeared to be severely wounded in the face; and her garments, which were raised up, in spite of the cold and rainy weather, left the upper part of her knees almost entirely exposed. At the sight of this half-naked and inanimate body, all the spectators were affected. People said that the first duty to pay to a dying woman, was, to preserve her from the cold, to cover her. A physician examined the body; he declared that all remedies were useless; that Madame Peytel was dead and cold.
‘The entreaties of Peytel were redoubled; he demanded fresh succours, and, giving no heed to the fatal assurance which had just been given him, required that all the physicians in the place should be sent for. A scene so strange and so melancholy; the incoherent account given by Peytel of the murder of his wife; his extraordinary movements; and the avowal which he continued to make, that he had despatched the murderer, Rey, with strokes of his hammer, excited the attention of Lieutenant Wolf, commandant of gendarmes: that officer gave orders for the immediate arrest of Peytel; but the latter threw himself into the arms of a friend, who interceded for him, and begged the police not immediately to seize upon his person.
‘The corpse of Madame Peytel was transported to her apartment; the bleeding body of the domestic was likewise brought from the road, where it lay; and Peytel, asked to explain the circumstance, did so.’
. . . . .
Now, as there is little reason to tell the reader, when an English counsel has to prosecute a prisoner, on the part of the Crown, for a capital offence, he produces the articles of his accusation in the most moderate terms, and especially warns the jury to give the accused person the benefit of every possible doubt that the evidence may give, or may leave. See how these things are managed in France, and how differently the French counsel for the Crown sets about his work.
He first prepares his act of accusation, the opening of which we have just read; it is published six days before the trial, so that an unimpassioned, unprejudiced jury has ample time to study it, and to form its opinions accordingly, and to go into court with a happy, just prepossession against the prisoner.